EMI is becoming a fast prevalent term, not in banks, but in judicial corridors including the Gujarat High Court. Courts are receiving an increasing number of petitions by men seeking to pay alimony dues in equal monthly instalments. Ankur Mishra, a 32-year-old doctor living in Naroda, filed a petition before HC seeking to pay alimony dues of Rs 2.4 lakh in instalment. He told court that his wife had refused to accept the amount from him.

The court, however, junked the plea, observing, “He could have deposited the amount with trial court.” Arshita’s husband was ordered to pay monthly alimony of Rs 5,000. The 28-year-old, who works with a private firm and lives with her daughter in Naranpura, says, “One and a half years later, I have received only Rs 25,000. My husband did not pay the remaining sum. He approached the court seeking to pay the money in instalment, but his plea was rejected.”

The official number of cases is not known as HC’s administrative wing does not scrutinise them, but an assistant government pleader confirmed, “Every day, the court in HC that hears marital disputes handles petitions seeking to pay alimony arrears in instalments. I come across half a dozen pleas in my court every day.” In cases of divorce or domestic violence, the family court and magisterial court orders the husband to pay maintenance to the wife and kids. The amount has to be paid directly in cheque to the estranged wife or deposited with the court registry.

“However, in many cases, the husbands do not pay the amount for months. When the arrears run into lakhs, they approach the court asking to pay the sum in instalments,” says the AGP. Legal experts believe the trend is on the rise as the court orders a sizeable amount as alimony in wake of inflation, high standard of living and income earned by male spouse. Family court lawyer Meena Jagtap says, “Earlier, courts would direct spouses to pay alimony upto Rs 10,000. Now, as earning capacity increases, court could order payment of alimony up to Rs 50,000 per month.

The lowest amount in case of dispute in a middleclass family is Rs 10,000.” She adds, “The law is stringent. They will have to pay up to avoid being jailed. So, the husbands file pleas in HC to get the alimony amount reduced. While the case goes on, the arrears keep growing. If the court rules against them, they then file another petition seeking to pay the pending sum in instalments.” SV Raju, senior counsel at HC, says, ““Such cases are on rise but the pleas filed by husbands are usually not genuine.” He opined such pleas are made before court to avoid paying maintenance.

“Some husbands genuinely run out of money. Mostly, though, they want to harass the wife by avoiding payment,” says Raju, questioning, “If the male partner has the capacity to pay his lawyer’s fee why can’t he pay maintenance?” Sanjiv Thaker, a senior advocate practising at the family court said, “I have requested the court to impose fine on husbands reluctant to pay alimony despite court order. I come across such cases daily in court. Court should take strict action to prevent them from filing pleas seeking to pay alimony dues in instalment.”

However, a body fighting for the rights of husbands have a different take. Dashrath Devda who runs NGO Akhil Bhartiya Patni Atyachar Virodhi Sangh, says, “The reason for such a hefty sum piling up as arrears is because the court orders alimony from the date that the application is filed. In most cases, the hearing runs for 2-3 years and husbands end up having to pay lakhs of rupees.” Mohammad Jat, a 31-year-old from Limbdi who earns a living doing petty jobs, says, “The court directed me to pay alimony of Rs 5,500 per month.

I was shocked to find that I have to pay it from 2013 when the case began. I do not have so much money. If I am not allowed to pay it in instalments, I will go to jail.” Dr Mishra was jailed after being unable to pay alimony. “The court passed the alimony order assuming I earned more than my wife. I had to sell off my land and deposit Rs 5 lakh to secure my release. The law should also consider the woman’s financial capacity before issuing the order for maintenance.” (Some names changed to protect identity)

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